Pension Question
Forums:
Maybe somebody here can send me in the right direction or has a similiar experience.
In SO's divorce decree (from 1999) it states that BM is to get 1/2 of his pension for 5 years (length of the marriage).
Is there a way to change this?
How does this work?
Does she just automatically start getting 1/2 of his monthly checks for 5 years?
Or, does she have to go file something in order to get it?
It's a long story but, after everything that we have found out this woman has done over the past 11 years, SO says he will do whatever he has to, to make sure she doesn't get another penny from him. I wish he had, had a better attorney for the divorce but, can't change the past.
It might depend on how it was
It might depend on how it was set up.
SO's separation agreement says his pension is to go 100% to the children of the marriage. After several court hearings on the topic, what this means is that our child can't touch it and it can't be changed. We've tried. It can only be changed if BM agrees and she won't.
Oh, only if he dies. I should
Oh, only if he dies. I should have clarified that.
Thank you! This BM is such a
Thank you!
This BM is such a dumbass (I'm suprised she can figure out how to wipe her ass) I'm thinking the cards are pretty good that she doesn't know she has to file anything. But, just in case, I think we are going to go talk to an attorney.
I'll spend my own money to keep this thing going back and forth for years, if I have to.
BM tried to get 50% of DH's
BM tried to get 50% of DH's military pension in the second divorce - she had it drawn up and slipped into the pile of papers to be signed. Luckily, he saw it and said, "oh HELL no!!" Also luckily, military pensions are only allowed to be involuntarily considered marital assets after 10 years of marriage, so she had no recourse.
As of right now, DH's pension will be ~$3600/month and mine should be ~$2000; we should be set to retire early. If BM HAD gotten that court order, I think I may have gotten spiteful to the point of encouraging DH to resign before he was eligible to receive a pension just to spit in her eye. If that were the case, he would be starting over at 40 - not the worst case scenario, but not as good as it could be.
DH doesn't mind supporting his child, but we're sick of subsidizing BM's lifestyle. We have a pretty good idea of her and her DH's income, and their secured debt (house, cars, etc) OUTSIDE of credit cards is more than twice their annual income - ours is ~75% of our income. I really really want to find a singing greeting card that plays "Ding Dong, The Witch Is Dead!" to send to her for SD14's high school graduation. It'll be accompanied by a "Don't contact us ever again, you are dead to us" letter. SD14 already knows which way the wind is blowing, so it won't hurt our relationship any.